3 Contents Foreword 5 Part one Sexual Misconduct Allegations Against Deputies 9 Part Two Lies and Other False Statements 19 Part Three Video Cameras in Jail: An Effective Work in Progress 33 Part FOUR Policy Development and Reform with 49 Respect to Discipline Part FIVE Alcohol-Related Misconduct Update 61 Part SIX Deputy Involved Shootings Update 71 addendum Systemic Changes in MCJ Visiting 81 appendix Summary of Systemic Changes - Year Eleven 85 3

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5 Foreword An inmate claims that after he talked back to a jail guard, he was shoved up against the wall by the deputy, punched in the head, and kicked after he fell to the ground. The guard asserts that he was escorting the inmate when the inmate threatened him, tried to punch him and the guard responded by taking the inmate to the ground. This scenario has played out repeatedly over almost two and a half centuries in America s jails. As the Los Angeles County jail system became the largest in the country, force between inmates and deputies has been regularly reported and the participants have often provided diametrically different versions of what transpired. Unlike incidents that occur in public, jail events are almost exclusively witnessed by the participants, jail employees and inmates. With each set of witness camps having motivation to either not be helpful to any subsequent fact finding process or to provide a version of the event that is less than objective, determinative evidence was hard to procure, particularly when the jail authorities assigned to be the fact gatherers were not trained or motivated to attempt to objectively or thoroughly collect that information. The result was that there were few times in which claims of improper force could be sustained. Clearly, deputies did get away with using excessive force because there was no evidence to corroborate the claims of the inmate; and there were times in which inmate claims against deputies were fabricated but there was not enough evidence to prove that fabrication. As a result, a paradigm existed where force incidents in the jails occurred and too many times there was no effective way to establish with evidence what had transpired, even when the Sheriff s Department was motivated to do so. As detailed further in the OIR s Eleventh Annual Report, in a few short months, this unsettling paradigm has undergone significant changes. Reforms we had been long advocating gained purchase as a result of increased attention placed on the jails and other outside voices joined the discussion. As set out in greater detail below, more robust policies were created, supervision 5

6 was increased, a new orientation towards force was introduced, and the way in which force was investigated and reviewed was overhauled as a result of internal reform and external recommendations. OIR worked with the other reform entities and LASD itself to bring the ideas of change to reality. While as detailed in this report, LASD s way of doing business in the jails with regard to its attitude towards force has undergone a sea change, the most significant change agent that has been introduced into the equation is the installation of video cameras. The Department now has a video record of 90% of force incidents in its downtown jails and is no longer completely reliant on observations of inmates and jail deputies to try to figure out what has occurred. In scores of cases, an objective eye has captured the incident and now deputies who have used excessive force can be called to task and those who have had false allegations made against them can be exonerated by the video record. While as also detailed in this report, no system is perfect, the success of the cameras causes us to question why it took so long to heed our requests for this technology. However, rather than labor to try to understand the delay, we embrace the video cameras that help us with making credibility and accountability calls that were not possible in the years during which the LA County jails did without. As further detailed in this report, LASD continues to face challenges, not only in the jails, but in attempting to address deputy-involved shootings, off-duty conduct, and integrity issues among its personnel, to name a few. This report is intended to provide a snapshot into each of those challenges and inform LASD s public about what the Department is doing to address them. The reader of this report will learn about the significant uptick in LASD s resolve to rid itself of personnel who have disgraced the badge, the recent decrease of alcohol-related driving offenses, and the continued challenge of critically examining its deputies use of deadly force. We appreciate the ability to provide transparency in each of these areas so that informed dialogue can be had by all stakeholders interested in the Department s obligation to provide public safety consistent with the Constitution and expectations of its public. 6

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9 Part One Sexual Misconduct Allegations Against Deputies As illustrated by the case examples cited below, when allegations of sexual misconduct are made, the Department has taken them seriously and conducted thorough criminal and administrative investigations. Even in cases in which the District Attorney has declined to prosecute the alleged misconduct, LASD has taken disciplinary action based on a lower standard of proof needed to sustain such action. As detailed below, when such allegations are proven, serious and often career-ending discipline is imposed. Historically, sexual misconduct involving law enforcement can occur both on- and off-duty. In this report the vast majority of the allegations we describe are for on-duty conduct or originated from on-duty contact during a call. Investigations of Off-Duty Misconduct Case One: Off Duty Deputy Poses as an Undercover Vice Officer An off-duty deputy started talking to a young female employee working in a tanning parlor. He claimed that he was an undercover police officer and displayed a badge. He told her that he was recruiting young, attractive women to pose as prostitutes for undercover operations and offered to pay her $50 an hour. The young woman gave him her address and cell phone number and promised to keep his offer secret. She later told her mother who, in turn, contacted the Sheriff s Department which began investigating not knowing that the suspect was a Department employee. 9

10 Detectives learned that the suspect then sent s to the victim asking to set up a meeting at the tanning parlor and reminded her to keep the matter secret. He also called her on several occasions. When he arrived to meet her, detectives were waiting and detained him for suspicion of impersonating an officer and then learned he was a patrol deputy. (He was not involved in any prostitution or vice operations whatsoever.) He claimed he was only there because he wanted to hang out with the victim. He later told a supervisor that he had been planning on cheating on his wife and was glad that he had been caught. When the Internal Affairs Bureau began investigating the allegations, investigators had concerns that a crime had occurred, so the matter was turned over to the Internal Criminal Investigations Bureau. At the conclusion of the ICIB investigation, the District Attorney concluded there was insufficient evidence that a crime had been committed under the law prohibiting fraudulent impersonation of a peace officer, in that the deputy was actually a peace officer, and declined to file any charges. The Case Review panel heard the matter and found that the deputy was in violation of policies covering General Behavior and Obedience to Laws, Regulations and Orders. The deputy was discharged by the Department. OIR concurred with the disposition and discipline. Investigations of On-Duty Conduct Case Two: Engaging in Inappropriate Sexual Conduct with Explorers The Sheriff s Department hosts a Law Enforcement Explorer Training Academy whereby youth from the community receive training to assist Deputy Sheriffs at facilities throughout Los Angeles County. After 100 hours of training, Explorers are permitted to perform such nonhazardous tasks as fingerprinting applicants, taking routine reports, and assisting with DUI checkpoints. A male Explorer reported he had heard rumors that a deputy had kissed or tried to kiss two 16-year-old female Explorers. LASD s Special Victims Bureau was contacted and initiated an investigation into the allegations. The first of the two named female Explorers told investigators the deputy had touched her buttocks, commented on her breasts, and tried to kiss her. The second female Explorer revealed she was in a sexual relationship with him which included oral copulation and sending him nude photographs of herself. When questioned by investigators, the deputy admitted to receiving nude photographs from one of the Explorers, but denied having engaged in any inappropriate sexual activity. The District Attorney s Office filed one felony count of oral copulation of a person under 18 and misdemeanor child molestation. After the criminal charges were filed, the Deputy was relieved of duty without pay and tendered his resignation from LASD three months thereafter while the criminal charges against him were still pending. He thereafter entered into a plea bargain whereby he was permitted to plead guilty to the felony count in exchange for the dismissal of the 10

11 misdemeanor count, no jail time, a three year probationary term, and 200 hours of community service. 1 Case Three: Alleged Sexual Assault of Vehicle Inspection Patron A female patron arrived at a vehicle inspection area to have her vehicle inspected after repairing a broken headlight. The deputy assigned to conduct the vehicle inspection directed the patron to his office. The patron stated the deputy leered at her body by looking her up and down and asked her inappropriate questions such as if she was married and if she liked her body. He allegedly told her he liked her breasts. As the patron tried to exit the office to obtain a money order for related fees, the deputy blocked her path and grabbed her breasts. The patron came back to the inspection area once she had obtained her money order. The deputy got into the passenger side of her vehicle and directed her to drive into the parking structure. As the patron started driving through the parking structure, she saw the deputy was masturbating over the top of his clothing. The patron received a phone call on her cell phone and told the deputy she had to leave to attend to a family emergency. The deputy asked the patron to promise to come back. The patron drove with the deputy out of the parking structure and asked the deputy to exit her car. As he did so, he placed his hand on top of her hand which was grasping the vehicle stick shift and stroked it up and down as if he was masturbating. He then took the patron s hand and placed it on his penis, over his clothing. The patron pulled her hand back. The deputy then asked her if she wanted to see his penis and if she wanted to kiss his parts as he appeared to be unzipping his pants. The deputy again touched the patron in her in inappropriate places and the patron told him to exit the vehicle with the promise that she would return the next day. The deputy denied all allegations. An outside law enforcement agency conducted the criminal investigation which was submitted to the District Attorney who declined to file the case for lack of sufficient evidence. After the administrative investigation and despite the finding by the District Attorney, the deputy was found to have violated numerous Department policies, including: Professional Conduct, General Behavior; Immoral Conduct; Derogatory Statements and Failure to Make Statements During an Administrative Investigation. The deputy was discharged. OIR concurred with the findings and disposition. Case Four: Deputy has Sex with a Wheelchair Inmate Deputies A and B were transporting inmates to court appearances. One inmate was being transported regularly to court where she was facing manslaughter charges for killing a person 1 Under California state law, conviction of a felony disqualifies individuals from being peace officers so he would have been discharged had he not resigned. 11

12 while driving under the influence of alcohol. She was temporarily wheelchair bound due to the injuries she sustained during the traffic collision. Inmate and Deputy A began to communicate regularly during the transportation to court appearances. The inmate wrote numerous love letters to Deputy A. One day during transportation between the court and the jail and when no other inmates were in the van, Deputy A pulled the van over on a remote street while Deputy B took a nap in the front seat. The inmate then performed oral sex on Deputy A and subsequently had intercourse with him in the back of the transportation van. The inmate later tattooed Deputy A s name and the date they had intercourse on her finger and wrist. The inmate told investigators a few weeks after she had intercourse with Deputy A, Deputy B had pointed a gun at her after he believed she may report the incident. The incident came to light when another female inmate told a deputy that she had been told by the inmate about her sexual relationship with Deputy A. LASD s Internal Criminal Investigations Bureau then conducted a criminal investigation and submitted the case to the District Attorney who declined to file criminal charges due to lack of sufficient evidence. During the administrative investigation both deputies denied all allegations but the Case Review panel found numerous policy violations. Both Deputy A and B were found in violation of General Behavior; Fraternization; Obedience to Laws, Regulations and Order; Performance to Standards and False Statements During an Internal Affairs Investigation. Both deputies were discharged and are currently appealing their cases through the Civil Service Commission. OIR concurred with LASD s decision to terminate the deputies. Case Five: A Deputy Attempts to Take Inappropriate Photos of Court Patron A court clerk watched as a deputy entered the clerk s lobby and surreptitiously used his cell phone under a female adult patron s skirt to take a picture. She reported what she witnessed to fellow employees and a Sheriff s Department supervisor was then informed. Surveillance camera footage appeared to corroborate the witness s allegations. The surveillance footage showed the deputy walking into the office area with papers and a cell phone in his hands. He then left for a few moments and returned but this time with the cell phone open and the screen glowing. The deputy is seen walking up behind the woman and then crouching down behind her with his cell phone still on and glowing in his right hand. When initially confronted, the deputy denied ever being in the clerk s office that day and stated he had no idea what the investigators were talking about. During a subsequent interview the deputy admitted being in the clerk s office, but only to chat with employees. He claimed he saw a piece of paper on the floor near a woman and picked it up asking if it belonged to her. He alleged that the woman said it was not her paper. Investigators examined the phone but found no photographs of the alleged incident. 12

13 The deputy then volunteered to provide more information and admitted that he had intended to take a photograph under the skirt of the woman but changed his mind at the last moment. Initially his intent was to take the photo and send it to a friend with whom he had exchanged similar photos in the past. The next day he contacted the criminal investigators and made statements which were perceived to be intended to curry favor and sympathy. Following the investigation by the Internal Criminal Investigations Bureau, the District Attorney charged the deputy with Disorderly Conduct, Unauthorized Photography Through or Under Clothing (Penal Code 647(j)(2)). He subsequently pled nolo contendre to the charge and was placed on probation. LASD s Case Review panel found that the deputy had violated a number of policies: Professional Conduct; General Behavior; Immoral Conduct; Performance to Standards; Conduct Towards Others; and Obedience to Laws, Regulations and Orders as it related to his actions in the clerk s office. He was also found in violation for Failure to Make Statements and/or Making False Statements During Departmental Investigations for his conduct during the investigation. For his later contact with investigators where he made statements trying to elicit sympathy he was found in violation of policies prohibiting Obstructing and Investigating / Influencing a Witness; and Failure to Cooperate During a Criminal Investigation. For all those findings, the deputy was discharged from the Department. OIR concurred with the findings and the disposition. Case Six: Sergeant Repeatedly Harasses a Civilian Employee While a Department manager was making rounds in of his station in the very late hours he heard voices coming from an interview room in a portion of the station not used during the night time. Upon checking he noticed that there were no lights on in the interview room and that a sergeant who had recently transferred from that unit and a female civilian employee were inside. Suspicious, the manager went to get another supervisor to act as a witness. When he returned, the lights were now on in the interview room and shortly afterwards the sergeant and the civilian employee exited. The sergeant quickly walked out of the station and drove away. The manager asked the female employee what was going on and she responded, Will you believe me if I told you? She went on to describe the sergeant s behavior while he was still assigned to the station and she was a new trainee employee with the LASD. She described how the sergeant would arrange for her to meet him in a conference room on numerous occasions, where he would close the door and romantically hug her. She said that while hugging her he would touch her buttocks and attempt to kiss her. Because of the fear of losing her job, she did not report the misconduct. The employee explained that when the sergeant transferred out of the unit she had hoped the behavior would end but she was surprised when he showed up at the station that night. She explained that he asked her to follow him and he led her to the darkened section of the station 13

14 and into the interview room where he once again inappropriately hugged her. A criminal investigation was initiated for suspicion of sexual battery and false imprisonment; however the District Attorney declined to file any criminal charges. During the administrative investigation the sergeant claimed that he had only stopped by his former station to use the bathroom. He saw the civilian employee working and she asked to speak with him. Even though she did not say she wanted to discuss something in confidence or in a private setting, he led her to the secluded area of the station where they spoke about life issues. He claimed that he left the lights off because he was tired and described them hugging mutually. He denied hugging her closely, moving his hands down to her buttocks or trying to kiss her. Internal Affairs investigators contacted other female civilian employees in the unit. One witness told investigators that the civilian employee had told her in the past that the sergeant had wanted to meet her in the unit s parking lot and that it made her so uncomfortable that she walked a different route to her car to leave that day. Four female employees described their experiences being alone in meeting rooms or offices with the sergeant and that he hugged them inappropriately, tried to touch their buttocks or tried to kiss them. At the completion of the investigation, the matter was heard by the Equity Officer Panel which concluded that the sergeant had violated the Department s policies against Sexual Harassment and Inappropriate Conduct Toward Others (based on Sex). The sergeant was discharged by the Department and the parties later entered into a settlement agreement where he agreed to resign while the charges remained on his record as founded. OIR concurred with the disposition and the settlement. Case Seven: Inappropriate Relationship with Domestic Violence Victim A station detective investigated a Domestic Violence case involving allegations that the alleged victim s estranged husband had violated a restraining order she had against him and threatened to kill her. After concluding his investigation, the District Attorney filed a felony criminal threats charge and two misdemeanor counts of violating a restraining order. At trial, the estranged husband alleged the detective was engaged in a sexual relationship with his wife and had presented false testimony against him. In support of these allegations, he presented evidence that the detective had added his wife as a Friend on his Facebook account during the pendency of the investigation and had sent her a message referring to her as precious and stating he missed her a lot. Both the detective and the alleged victim denied they were engaged in a sexual relationship. However, the Facebook evidence did cause the jury to question the alleged victim s and the detective s credibility. The estranged husband was acquitted and thereafter filed a personnel complaint against the detective as well as a federal civil lawsuit alleging the detective violated his civil rights. The jury found for the estranged husband and awarded a judgment of $450,

15 While the sexual relationship between the detective and the alleged victim could not be proven, the Department found the detective had violated the General Behavior and Performance to Standards policies by adding the alleged victim as a Friend on his Facebook page during the pendency of the investigation, by sending her an unprofessional message, and by failing to disclose the information to the prosecuting attorney prior to trial. The detective was removed from his position as a Bonus Deputy which essentially means he can no longer work as a detective and will no longer receive the increase in pay awarded to Bonus Deputies. OIR concurred with the Department s findings and discipline. Case Eight: Deputy Accused of Rape by Girlfriend Met During a Service Call Not all cases are obvious volitional misconduct but highlight the risks associated with deputies attempting to strike up a relationship with people that they meet on service calls. A deputy met a family with an eighteen year old daughter during a call for service to the recreational vehicle where they lived. According to the young woman and her father, the deputy started coming around their residence on and off duty to check up on them and her several siblings. He would bring snacks and developed a friendship with the family. The daughter agreed to go on a ride along with the deputy because she was interested in his work. She later alleged that the way he acted around her the night of the ride along made her uncomfortable. On a later date the deputy came to their residence again and asked her father if he could take her to the movies. Her father agreed and so she went to a movie with the off duty deputy. She alleged that he made her feel uncomfortable by touching and caressing her back and kissing her on the cheek. The very next day, the two went out again to have dinner together and the next day, he returned again and told her that he would like her to meet his parents. She went along where he introduced the young woman as his girl to his parents. She said they spent two nights in the house as a guest in a separate bedroom. On a later date she again spent time in his parent s house to celebrate the deputy s birthday. She alleges that the next morning the deputy came into her room and raped her. Later that day she went to a local hospital for an examination and made the rape allegation. Another police agency criminally investigated the allegation. The deputy s parents were interviewed who said that the deputy had befriended the family and bought food and a generator for their RV. They said that it appeared to them that their son and the young woman were in a relationship together and that - other than the first night - they stayed in the same bedroom. In all, the deputy and the young woman knew each other for about six weeks when the rape allegation was made. The deputy s father also explained that they had taken the young woman to their 2 The jury s verdict was subsequently vacated as part of a settlement agreement. 15

16 dentist where she had two root canals performed. The deputy agreed to be financially responsible for the expenses. Investigators learned that a witness was claiming that the young woman s father was trying to set up a deputy. They contacted the witness who said he knew the family and that the father was constantly scamming people. The witness said that a about month earlier the woman s father had told him that he was setting up a stupid deputy. The witness also recounted that he drove the woman and her father to a hospital for an alleged burn on her leg. Only later did he learn that she went to the hospital to claim that she had been raped. He said as he drove them to the hospital neither seemed upset and that they were acting jovial. The outside agency investigators had significant difficulties gaining the cooperation of either the female complainant or her father to submit to an interview to describe their allegations. They did, though, provide photos that had been taken surreptitiously of the deputy and the young woman throughout their contacts at the RV. There were also photos of food that the deputy brought to the family and were in a folder titled bribes for the kids. The family suddenly left the Los Angeles area before the investigation was completed. Ultimately, no criminal charges were filed against the deputy who appeared to have been the victim of an elaborate scam. The administrative investigation was concluded and the determination was made that the deputy had violated the policies of General Behavior and Obedience to Laws, Regulations and Orders for initiating a relationship with an eighteen year old female while on-duty and continuing that relationship in both an on-duty and off-duty capacity. OIR concurred with the disposition. Similar Cases from Prior Years: While the just described incident was adjudicated since OIR s last Annual Report, there have been similar instances in recent years where a deputy returned to the location of a call for service for apparently non-law enforcement reasons then led to serious policy violations. The Civil Service Commission recently upheld the discipline imposed on a deputy who returned to a residence ostensibly to check up on the welfare of a young woman who had called the Sheriff because she was in a dispute with her ex-boyfriend. The deputy went inside while his partner waited in the radio car. Within hours, the woman accused the deputy of sexually assaulting her. The deputy asserted that he was only checking on her welfare. While the evidence could not establish that the assault took place, DNA testing strongly suggested that they had kissed. The deputy claimed that his DNA that had been found around her mouth area was because he had lit a cigarette for her while she claimed he had kissed her. 16

17 In another similar incident, deputy completed a call for service regarding a family disturbance. He then returned to the residence while off duty that same day as well as the following day. He romantically pursued the adult daughter. The deputy drove her in his personal vehicle, told her he wanted to be in a relationship with her and touched her romantically. Once back at the parent s home, he sat next to her on a couch and tried to hug her several times as she pushed him away. Later he also exchanged text messages with her. The family informed the Sheriff s Department of his actions after he came back the next day. The deputy was disciplined for violating the policies of Professional Conduct and Immoral Conduct. The matter is pending with the Civil Service Commission. Policy Does Not Prohibit Personal Relationships While several of the incidents described above are obvious and egregious violations of policy, no particular LASD policy prohibits a deputy from striking up a romantic relationship with someone they meet on a service call. Potential policy violations center on the previously mentioned Professional Conduct and Immoral Conduct policies. While a deputy is expected to use common sense, the Department should consider a more explicit rule prohibiting deputies from returning to the location of a service call for non-official reasons. The LASD does have a very explicit policy prohibiting personal contact between inmates, felons and recent inmates. As it appears that a number of allegations of misconduct have risen from deputies returning to residences after a call for service, OIR asked the Department to review its Manual of Policy and Procedures (MPP) and Field Operations Directives and found that it does not have policy that either directly or indirectly addresses the issue of pursuing relationships with civilians met while on duty. OIR is formulating recommendations to present to LASD regarding additional mechanisms designed to prevent deputies from finding themselves in potential career ending situations and, once formulated, will be presenting those ideas to LASD. 17

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19 Part two Lies and Other False Statements What is a lie and what makes it actionable from a disciplinary point of view, and worrisome from an oversight point of view? The truth is, most everyone lies at some point, and deputies are no exception. Some deputies tell big lies involving the planting of evidence and some tell small lies involving taking a sick day when they are perfectly healthy. At the same time, deputies are trained that lying is sometimes appropriate during a challenging interrogation and is considered good police work. Suspects, for instance, are sometimes falsely told that their fingerprints were found on a gun, or that their DNA has been confirmed at a crime scene. These lies are intended to elicit a truthful admission of ownership of the gun by the suspect, or of acknowledging their connection to a person or place. Herein lays the difficulty in ferreting out actionable lying: Lying during an interrogation is often commended as a necessary evil to get to a larger truth. However, lying on a police report can lead to criminal prosecution and/or administrative sanctions, up to and including being fired. Lies on an application for employment, and lies of omission or commission during an investigation into misconduct are also actionable and can result in getting fired. In this section, we first discuss two recent administrative investigations involving the filing of false police reports. We then discuss a case where a deputy omitted information from his application for employment and a case involving three deputies who lied about a force incident 19

20 with an inmate. Next, we discuss how a founded administrative investigation involving allegations of dishonesty or moral turpitude on the part of a deputy can affect a criminal defendant s constitutional right to a fair trial. Finally, we note how different jurisdictions have chosen to address the constitutionally required disclosure of information relevant to a peace officer s credibility. Administrative Investigations Involving False Statements Filing a False Police Report Filing a false police report regarding the commission or investigation of a crime is not simply an error in judgment; it is a crime. At the prosecution s discretion, the crime may be filed as a misdemeanor or a felony. The crime and punishment is set forth in Penal Code section as follows: Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. Filing a false police report also violates Department policies. Since the publication of OIR s last report, two false police report cases have gone through the Department s disciplinary process. In the first case, the District Attorney s Office filed felony charges against the involved deputy. In the second case, however, the prosecutor did not file any charges, so the consequences were purely administrative. As will be discussed in more detail below, the decision to file or not file a charge can affect the administrative investigation. However, because the burden of proof for an administrative investigation is a preponderance of the evidence, rather than the higher beyond a reasonable doubt standard required for a criminal conviction, the Department can discipline a deputy for filing a false police report even if he or she is not criminally prosecuted. Case One: Gun in Planter A deputy conducting a patrol check of a motel parking lot saw a male and female arguing. According to the deputy s report, he got out of his patrol vehicle to check on their welfare and as he approached them, the male spontaneously said, come on, all I got is some meth. The deputy then asked the man if he had anything else and, according to the deputy, the man said, I don t think so, you can check. The deputy then indicated in his report that while searching the man, he recovered a loaded firearm 20

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